A federal judge overseeing proceedings against Pfc. Naser Abdo, a Muslim conscientious objector accused of targeting soldiers and their families in an attack, has issued a gag order in the case.

U.S. District Judge Walter Smith Jr.'s edict forbids federal agents, attorneys involved in the case and “all potential witnesses” from talking to the media.

The order also prohibits the media from contacting Abdo “in order to obtain a prohibited extrajudicial statement,” and orders him to not speak with reporters.

Both edicts raised concerns from several legal scholars who said the judge, appointed to the bench in 1984, was on shaky constitutional ground.

“This case has already attracted extensive media attention from the local and national press,” Smith, a Waco judge, wrote in the four-page order.

“And the defendant's comments during his initial appearance before the magistrate judge indicate that he desires to attract more publicity to disseminate his views. A gag order is necessary to prevent a tainted jury pool and a carnival atmosphere.”

An AWOL infantryman, Abdo is accused of having enough material to make at least one bomb to be used in an attack on Fort Hood and a Killeen restaurant frequented by soldiers and their families.

Peter Scheer, executive director of the nonprofit First Amendment Coalition, called the order a rarely used “extreme act of judicial power” that went too far in trying to silence Abdo and restrict journalists from questioning him.

“He has no power over the press, no jurisdiction over the press — period,” Scheer said.

“What the judge is trying to do is keep (Abdo) from making this a sideshow of how important it is to kill American soldiers or whatever this fellow believes,” said T. Gerald Treece, vice president and associate dean of the South Texas College of Law.

Both Scheer and Treece said Abdo has a constitutional right to talk to the media, even if it hurts his case.

Treece noted that the speech Smith sought to silence could be political, and political speech is protected by the First Amendment.

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“When you're out there criticizing this government and you're taking on the position that this government is going the wrong direction, that's classic textbook political speech,” Treece added.

Attorney Geoffrey Corn, who also teaches at Houston-based South Texas College of Law, said he'd never heard of a gag order that extended to people not directly linked to the case, such as lawyers or police.

“He can tell the parties to the case not to talk about the case, but how does he have the power to tell you not to ask a question?” Corn said.

“So many of these types of orders are like dragnets,” Treece said. “Most everything that is under there is OK. But here they go too far when they impact on the peoples' right to know and your ability to get information.”